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103 Ga. App. 632

120 S.E.2d 57

Bowen v. Morrison

Court of Appeals of Georgia

Decided May 8, 1961

Court of Appeals of Georgia · decided 1961-05-08

Key passage — most relied on by later courts

“The provisions of Code § 3-512 that any suit filed in the courts of this State in which no written order is taken for a period of five years shall automatically stand dismissed are mandatory. While it is true that this section does provide that `for the purposes of this section an order of continuance will be deemed an order,' such an order, to avoid the automatic dismissal, must have been reduced to writing and entered in the record.”

quoted by 1 later decision, including 104 Ga. App. 805 - Dupriest v. Reese

Good law ✅— No negative treatment on recordhow we know

Decided 1961-05-08

How this case has been cited

Cited by 6 later decisions — most recently July 1982

6 state decisions

30196119701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Eberhardt, Judge.

¶1 On September 21, 1954, Mrs. Ann Morrison filed an action for damages in DeKalb Superior Court against James O. Bowen, as trustee for Margaret Elizabeth Bowen et al, Defendants filed their demurrer and answer on October 9, 1954, and thereafter on August 29, 1955, plaintiff filed an amendment to the petition, which was allowed by order of court subject to objection or demurrer. The case was continued from time to time, but no further written order was made or entered therein, and on February 14, 1961, defendants moved that an order of dismissal be entered by the court pursuant to the provisions of Ga. L. 1953, Nov. Sess., pp. 342, 343 (Code § 3-512). The motion to dismiss was overruled and defendants excepted. Held:

¶2 The provisions of Codie § 3-512 that any suit filed in the courts of this State in which no written order is taken for a period of five years shall automatically stand dismissed are mandatory. While it is true that this section does provide that “for the purposes of this section an order of continuance *633 will be deemed an order,” such an order, to avoid' the automatic dismissal, must have been reduced to writing and entered in the record-

Decided May 8, 1961. Zachary & Hunter, W. E. Zachary, for plaintiff in error. Sheats, Parker & Webb, Guy Parker, contra.

¶3 Judgment reversed.

Carlisle, P. J., and Nichols, J., concur.
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